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Discussion Starter #1
I moved into my apartment with my girlfriend last year and my lease is up. I had a family friend who offered me a place 3 months ago and I told him I would do small renovations and give him the security deposit if he held it for me. He's held it for me and I'm getting ready to move into it at the end of this month.

My current landlord told me when I signed the 1 year lease that if I wanted to stay longer I would have to sign a month to month lease. I told him I was moving 2 months ago when my lease was up and I had gotten this house. I was going to reinforce it that I was moving at the end of the following month when I gave him the rent check. The problem was that he was gone. He had told me to talk to him about the apartment and not his live in girlfriend because they didn't co-own. He also told me that it was fine to give her the check if he wasn't home, so that's what I did. He was gone up until this Friday. He understood that I was moving before and he was fine with it per our previous conversation. Today was the first time since last month that he had talked to me and I told him I was packing my stuff and we were getting ready to leave within the next few weeks.

He told me that I had to give him a 30 day written notice I was leaving. The lease I signed was a normal PA lease with a few write-ins because of pets and parking. He never informed me that I had to give written notice and I don't think I have to anyway. When my lease is up and I don't want to stay I have no obligation, am I correct? I'm not going to give all information to my lease, but what I signed said that it was a month to month lease that I would sign after 1 year.

Is this guy playing me thinking I'll cave in or does he actually have legs here?
 

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Discussion Starter #2
I believe I answered my own question.

TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at ______________________________________________________________ DOLLARS ($___________) per month and except that such tenancy shall be terminable upon thirty (30) days written notice served by either party.

This is an excerpt from the normal Pa lease. From what I read that if I stayed past my normal lease and we both agree that I can stay I would have to give him written notice that I was vacating.

Say after 3 months I give him my 4th months rent and give him notice I'm leaving. This has nothing to do with my normal 1 year lease.

Am I reading it correctly here?
 

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Discussion Starter #3
I requested a copy of the lease when I signed it and never got one. I let it go, my bad. I requested another copy of my lease and he hasn't given it to me yet. I guess I'm calling legal aid in the morning. I had this bad feeling about moving out too.
 

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Laws do vary from state to state and I'm not familiar with the specifics of your case, but as a Realtor and a landlord, I'd say that your lease ended and you didn't have to notify him with regards to a 30 day notice. If you had stayed beyond that and created a month to month tenancy, then you might have been required to give a 30 day notice.
 

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I'd seek legal advice as it varies from state to state. If your lease is up then I don't see what more he can do.
 

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Discussion Starter #6
He was suppsoedly out getting me my copy of the lease today. I'll call legal aide when I get or don't get it tomorrow. I had to get some stuff done today and I'm trying to give him the benefit of the doubt he's doing it.

What gets me is the fact that we had discussed it two months ago and everything was fine. Then he's gone and made himself unavailable and now I need 30 days notice after I told his girlfriend it was my last months rent. Nothing was said about anything in writing until this sunday. My ass is just chapped.

Pics of the house!

http://s26.photobucket.com/albums/c107/three50one/House/
 

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Too bad you lost your copy of the lease. Many landlords write their lease in a way that you automatically go to a month to month after the term of the year. You do need legal aide, but without your copy of the lease, it is useless at this point. That document is as important to you as a renter as your Social Security card is to you as a US Citizen. It should have been locked away the day it was signed. But hindsight is 20/20

FWIW, you should ALWAYS give written notice, by registered mail, when you intend to leave any property you are renting. Regardless of the circumstances. It is cheap insurance to cover your ass. I have a GREAT relationship with my landlord. I mean, he is the best landlord one could imagine. My lease ended in November of 2008 at which time I go to a month to month. It is in the lease that even before my 1 year was up, I could leave with 30 days notice. I will still send a registered letter to him even though he lives 30 seconds form me when I leave the condo. You go to court and say "But we talked and I told him I was leaving and he said fine" he can say "Nope, I don't recall that conversation". You have the burden of proving it happened and would fail when it is he said/I said.
 

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Discussion Starter #8
I didn't lose it I was just never supplied with one when I asked. I let it go thus why I said my bad. You can look up a normal pa lease. It had write ins concerning electric and parking another vehicle there and that is it.

I don't have to give any notice if I didn't want, but I thought I'd be nice and tell them so they could start renting again.

I told him numerous times and then in the final month he said he needed written. I understand it would be on me, but I didn't sign anything that said I had to give him written unless I was on a month to month. I'm not at all on a month to month and I'm leaving.

He knows it's our first time renting and he's trying to extort me. If I do in fact get my copy tonight then I'll look it over and if it says I have to give 30 days written I'll know I didn't sign off on that and he forged it. Again that burden would be on me, but my girlfriend was also there and she would have had to as well. We both know we didn't so It's just a matter of seeing the lease and telling him I believe.
 

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Discussion Starter #9
He's got nothing to stand on. He actually got my copy to me. Says it only applies when it's a month to month and I'm still in my 12 month lease.

I'm out. Propane next week and Electric this week. Sounds fun.
 
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